California Court of Appeal

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People v. Rish, B198727

An order recommitting defendant to the California Department of Mental Health for treatment as a mentally disordered offender is affirmed where: 1) defendant forfeited his claim of error by not raising the issue of his suitability for outpatient treatment at the recommitment hearing, as the trial court had no sua sponte duty to make this determination; and 2) even if the trial court had a statutory duty to consider his suitability for outpatient treatment, defendant failed to present sufficient evidence to support a finding that he could be safely and effectively treated on an outpatient basis.

Appellate Information

  • Decided 06/16/2008
  • Published 06/16/2008


  • ZELON, J.


  • California Court of Appeal


  • For Appellees:
  • Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and Victoria B. Wilson, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
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